Typical Causes of Truck Crashes
A commercial truck has 18 wheels and weighs in excess of 80,000 pounds compared to the typical 4,000 pounds of most cars.
The following are some of the most common causes of accidents between commercial trucks and private cars when the truck driver is at fault:
- Driving while fatigued or falling asleep while driving
- Consuming too much alcohol or using drugs at a level that impairs thinking and reaction times
- A driver not knowing the area well and attempting to use a GPS navigation system while driving
- Speeding and not being able to bring the truck to a complete stop in enough time to avoid a crash
- A driver not checking each side of the truck or the blind spots when attempting to change lanes or turn in front of another vehicle
- Making lane changes without signaling
- Driver distraction such as texting, eating, or changing the radio station
- Aggressive driving and road rage
In some situations, the truck driver did everything right and still caused an accident. This can happen when the company responsible for manufacturing or maintenance of the truck failed in its duties. He or she may also be working under the orders of a supervisor who knows the person is too tired to drive or the truck is overloaded. A truck accident attorney in Marietta can help you determine who is to blame for the accident and your subsequent injuries.
Safety Rules All Truckers Must Follow
One of the responsibilities of a truck accident lawyer is to track applicable laws to determine liability in personal injury cases.
According to the Federal Motor Carrier Safety Administration (FMCSA), all truckers must follow these safety rules:
- Sleep for eight or more hours before a scheduled shift
- Take regular 30-minute breaks when traveling a long distance
- Not drive more than 70 hours in eight days or 60 hours in seven days
- Not working more than 11 straight hours if the driver has not rested for at least 10 hours before the shift. Maximum allowable work hours include loading, inspecting, and other pre-travel duties.
- Maintain records of hours driven and rest breaks
In some situations, the truck driver did everything right and still caused an accident. This can happen when the company responsible for manufacturing or maintenance of the truck failed in its duties. He or she may also be working under the orders of a supervisor who knows the person is too tired to drive or the truck is overloaded. A truck accident attorney in Marietta can help you determine who is to blame for the accident and your subsequent injuries.
Morrison & Hughes will dig into the facts to determine who is responsible for your injuries and damages from a commercial truck accident, even working with accident reconstruction specialists to help prove your case.
Responsible Parties Might Not Be Limited To The Truck Driver
Even when a truck driver does everything right, there still might be an accident. This situation typically happens because of failed manufacturing or poor truck maintenance. Being overworked is another major factor driving accidents that is beyond the control of the truck driver.
Beyond the drivers themselves, here are a few entities that can be more discreetly responsible for their work prior to and following the scene of the accident:
- Contractors
- Employers
- Government entities
- Trucking companies
- Vehicle manufacturers
A lawyer will be able to help you figure out the root of the cause of the accident and who the responsible parties are, if not the truck driver themselves. Identifying all the possibly liable defendants means you’ll be able to collect the maximum amount of damages owed to you for your injury or property damage.
Truck Accidents and Car Accidents Are Not the Same
The settlement process for a truck accident injury claim is usually more complex than a car accident claim. More in-depth accident investigations are conducted in truck accident cases, largely due to the many variables that must be accounted for in the assessment of a truck accident.
There’s also more at stake for truck owners if claims involve potential violations of federal trucking laws, which may cause more intensive scrutiny of the claim. Additionally, negotiating settlements with commercial trucking companies and their attorneys can be more challenging than filing a standard auto accident claim.
How Does The Truck Accident Claims Process Work?
File Your Loss Compensation Claim With The Responsible Party
The beginning of the truck accident claims process is to file your claim with the responsible party. This will usually be the trucking company. However, parts manufacturers, loading contractors, government agencies, and other parties may bear liability as well.
Provide only basic, objective statements of fact regarding the accident. State only what happened in the collision, who was involved, the time and date and location of the accident. Do not discuss your injuries, or offer your judgments of fault, or opinions about anything regarding the matter.
Insurance company representatives are talented in interpreting victims’ statements in ways that help them rationalize minimizing settlements. Do not agree to give a recorded statement to any insurance adjuster before consulting with your attorney.
Collect As Much Relevant Information As Possible
As a claimant, you must be able to prove that the other party was negligent in some way that caused the collision that resulted in your losses. It is important that you leave this investigative work to your attorney’s consultants. Whether the driver was distracted, or there was an equipment malfunction due to neglect of safety maintenance, or a failure to provide appropriate training, etc., all existing photos or other documentation, other physical evidence, and testimonial evidence must be obtained.
Evidence in a truck accident case can include:
- Police report
- Driver log books
- Truck maintenance records
- Driver employment records
- Toxicology test report
- Witnesses’ statements
- Cell phone records (indicating distracted driving)
- Physical evidence from vehicle examinations
- Photos and videos of vehicles and accident scene
- Expert investigators’ findings
Your truck accident attorney will present the liable parties with a legal notification that requires them to preserve evidence. Your lawyer will collect all necessary evidence to prove liability to the responsible parties and will evaluate evidence to work in conjunction with experts to identify causal negligence.
Take Formal Action To Obtain Fair Compensation
After your claim and all supporting evidence has been reviewed by the responsible insurer, the claim will either be rejected or you will be offered a settlement. Commonly, insurers initially offer a low settlement amount, a tactic that is designed to exploit victims’ stress and sense of desperation to settle quickly.
Your attorney will make sure that a full evaluation of your current and future losses is made and that final calculations render a fair total of compensation for all of your losses including applicable:
- Medical expenses
- Current and future lost wages
- Cost of modifications to your home to accommodate your disability
- Disfigurement
- Cost of help to manage household and other tasks
- Emotional distress
- Property damage
- Pain and suffering
If the liable party refutes the compensation claim, or if a series of negotiations do not result in a fair settlement offer, then a legal case can be presented in the civil court for determination of an appropriate judgment. The majority of truck accident claims are settled prior to going to trial, but it is critical to be thoroughly prepared for court with exhaustive research, evidence and arguments.
Don’t leave something this important in the hands of an unexperienced attorney. Contact us today by calling (770) 285-8881 for a free and confidential consultation.
Stay In The Know
Morrison & Hughes's Blog
We always provide current legal information, updates, and stories discussing issues affecting our community.
